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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a case brought against me sale of my property

Customer Question

i have a case brought against me for the sale of my property due to council tax arrears which are already registered on the property what can i do? i do not have money to hire a solicitor
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume there was a liability order and then a charging order?
Did you contest any of these? How much are the arrears?
Alex
Customer: replied 1 year ago.
i did not contest the charging order or liability order
the arrears is £5995 now and I have a standing order making pmt monthly to the council tax account since june 2015 by 1st of everymonth
Expert:  Ash replied 1 year ago.
How much are you paying every month? Why are they applying for an order for sale if you are making payments?
Alex
Customer: replied 1 year ago.
i am paying £107 monthly and I am being told the order is for the arreas that is already registered on the property
Expert:  Ash replied 1 year ago.
Why are they going for sale if you are paying?
Alex
Customer: replied 1 year ago.
i was told at the citizen advice that the payment is for current tax and as far as i know the arrears and current are added together if you are paying by telephone that why I got the figure from and almost half of this outstanding is due to cost and legal fee charges added to the account over the years
Expert:  Ash replied 1 year ago.
But what have the Council told you the reason is given?
Alex
Customer: replied 1 year ago.
nothing that i know i have an appointment to see the council on monday. my main concern is i dont have a deposit stark somewhere to pay and i do not have funds to hire a solicitor either, I just wish to have an affordable repayment aggreement that will stop the court from granting an order for sale against me
Expert:  Ash replied 1 year ago.
Indeed. The Council should only seek an order for sale where someone can not discharge the arrears within a reasonable time and/or is refusing to pay. You are not doing that. Indeed they can not even make you bankrupt because the threshold went up.
I would contact the Council and see what they have to say, I just would be very surprised. If they want to do this then I would contact the Local Government Ombudsman who are independent and can examine the Councils decisions. Their website is www.lgo.org.uk
Can I clarify anything for you about this today please?
Alex